`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`13/775,754
`
`02/25/2013
`
`C. Earl Woolfork
`
`1028.7
`
`1030
`
`MEGAN LYMAN
`
`1816 SILVER MIST CT.
`RALEIGH, NC 27613
`
`Pe
`
`FLANDERS, ANDREW C
`
`ART UNIT
`
`2656
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/15/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`MELYMAN@LYMANPATENTS.COM
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`In re Patent No. 9,282,396
`Issue Date: March 8, 2016
`Application No. 13/775,754
`Filed: February 25, 2013
`Patentee(s): C. Earl Woolfork
`
`:
`: DECISION ON PETITION
`>
`UNDER37 CFR 1.78(e)
`:
`
`This is a decision on the petition, filed March 2, 2016, which is being treated a petition under 37
`CFR § 1.78(e), to accept an unintentionally delayed claim under 35 U.S.C. § 120 for the benefit
`of priority to the prior-filed nonprovisional applications set forth in the Application Data Sheet
`(ADS) filed May 24, 2016.
`
`The petition is dismissed.
`
`A petition for acceptance of a claim for late priority under 37 CFR § 1.78(e) is only applicable to
`those applicationsfiled after the expiration of the period specified in 37 CFR § 1.78(d)(3). In
`addition, the petition under 37 CFR § 1.78(e) must be accompanied by:
`
`(1)
`
`(2)
`(3)
`
`the reference required by 35 U.S.C. § 120 and 37 CFR § 1.78(d)(2) of the prior-
`filed application, which must be filed in an Application Data Sheet, unless
`previously submitted;
`the petition fee set forth in § 1.17(m); and
`a statement that the entire delay between the date the claim was due under 37
`CFR § 1.78(d)(3) and the date the claim wasfiled was unintentional. The
`Director may require additional information where there is a question whether the
`delay was unintentional.
`
`Theinstant petition does not comply with item (1). In this regard, since the application has
`issued as patent, a petition under 37 CFR 1.78(e), along with the submission of a Certificate of
`Correction, would be the appropriate avenueofrelief to accept a late claim for the benefit of
`priority to the prior-filed nonprovisional applications. See MPEP 1481.03.
`
`If applicant desires to add the claim forpriority on the front page of the Letters Patent, by way
`of a Certificate of Correction, then petitioner must submit (1) a renewed petition under 37 CFR
`1.78(e), no further petition fee required; and (2) a Request for a Certificate of Correction (Form
`No. PTO/SB/44), including the $100 fee.
`
`

`

`Application/Control Number: 13/775,754
`Art Unit: OPET
`
`Page 2
`
`Additionally, the ADS filed May 24, 2015 is improper. Specifically, the filing date, patent
`numberandissue date of each prior-filed application listed is wrong. Also, the continuity type
`and prior application numberof 10/027,391 is missing, and as stated above,the fling date listed
`for Application No. 10/027,391 is wrong.
`
`In view of the above, the present petition cannot be grantedat this time.
`
`If reconsideration of this decision is desired, a renewed petition under 37 CFR § 1.78(e) and an
`ADS(complying with the provisions of 37 CFR 1.76(b)(5) and 37 CFR 1.76(c)) to correct the
`above matter is required.
`
`Further correspondence with respect to this matter should be delivered through one of the
`following mediums:
`
`By mail:
`
`By hand:
`
`Mail Stop PETITIONS
`Commissionerfor Patents
`Post Office Box 1450
`Alexandria, VA 22313-1450
`
`Customer Service Window
`Mail Stop Petitions
`Randolph Building
`401 DulanyStreet
`Alexandria, VA 22314
`
`By fax:
`
`(571) 273-8300
`ATIN: Office of Petitions
`
`Byinternet:
`
`EFS-Web'
`
`Any questions concerning this matter may be directed to undersigned at (571) 272-3226.
`
`|budrea Smith
`
`Andrea Smith
`Lead Paralegal Specialist
`Office of Petitions
`
`
`
`www.uspte.poviebc/efs help.ttml (for help using EFS-Webcall the Patent Electronic Business Center at (866) 217-9197)
`
`